The Industrial Court of Uganda upheld the dismissal of an engineering head who stayed away from work and failed to provide medical evidence for sick leave.
Ogwiko v Britania Allied Industries (Labour Dispute Claim 18 of 2016) [2018] UGIC 16 (12 January 2018)
Court
Industrial Court of Uganda
Case number
Labour Dispute Claim 18 of 2016
The court found that the claimant, as store keeper, had a fundamental obligation to ensure that goods dispatched matched the dispatch notes and to supervise the loading process. By allowing excess goods to be loaded and subsequently sold at Mubende, the claimant breached his duty, constituting a fundamental breach under section 69(3) of the Employment Act. Although the respondent was justified in dismissing the claimant for misconduct, the court determined that the disciplinary process did not comply with the fair hearing requirements of section 66 of the Employment Act. The claimant was not…